TMPCWA Logo Jump to the body

MOST HIGHEST PRAISES AND MOST WARMEST GREETINGS
TO ALL THE FRIENDS AND SUPPORTERS OF TMPCWA!


We would like to thank you all for the warm support that you have given to us. Despite of the very short and a limited time and urgency of the appeal of TMPCWA, to send protest letters to the connived Philippine Toyota,DOLE-(Department of Labor and Employment) and the Toyota Japan.

In three days from Monday January 13, 2006 up to January 15, 2006, we received 803 emails from different individuals and organization from both local and international supporters and friends of TMPCWA.

This numbers of support from you have given an extra threat to Philippine Toyota management and a warning that the TMPCWA continuously gains numerous supports because of the inhuman and anti-workers activity of the Company against TMPCWA. And a lot of protest letter gave the pressure to DOLE.

And because of all your support, the TMPCYELLOW (TMPCLO) did not win in the Certification Election yesterday (February 16, 2006) although they have more votes than TMPCWA they did not gain the 50% plus 1 of the total valid votes cast. TMPCWA still the bargaining agent for all the rank and file workers and will continue the struggle. From all of this we would like to request to all of you to continue to support our valuable struggle.

Once again; we thank you all for this remarkable support!

In solidarity!

ED CUBELO
President-TMPCWA


button See also updates.



A LETTER FROM TMPCWA


Dear Friends and supporters of TMPCWA

Most militant and warmest greetings to all the friends and supporters of TMPCWA!

We apologize for not sending any updates on our struggle for more than six months. After all of our intensified campaign and broad support of other international organization to protest the new Certification Election (CE), Toyota Philippines Management was pressured to sit down on a negotiation with TMPCWA. There are series of meeting happened, starting August held in Japan.

Toyota Management requested that the negotiation must not disclose to others specially the international supporters of TMPCWA. We don't have any choice but to agree to that request, to show that the TMPCWA is in good faith and ready to sit for any negotiation with the Toyota Management.

On December 12, 2005 negotiation, we pushed the management of Toyota Philippines to resolve the issue of reinstatement of 233 illegally dismissed workers and to give their concrete answer on the next meeting.

On December 17, 2005 the DOLE Secretary, issued its decision to conduct the CE. And the Department of Labor and Employment railroaded the Hearing on February 1, 2006 and finalized the schedule of the election on February 16. 2006, then the company had a meeting with TMPCWA after the setting of the election.

While in the meeting with some international organizations last February 3, 2006 , the two proposals from the management was opened; first is the compensation with additional payment and the training program, and the other is the training for automobile mechanics and the company will provide new work to send the dismissed workers to their dealers and sales offices or to work abroad.

Moreover in the negotiation with Toyota management on February 4, 2005, Nobuharu Tabata, the former President of TMPC, brought up the package compensation and not the last discussed reinstatement. Included in the proposals are the illegally dismissed members of TMPCWA will provide six months training to become automobile mechanic, but first they must pass the examination to acquire the training program. Toyota will shoulder the expenses for the training program.

But before availing these proposals, the illegally dismissed members of TMPCWA must sign into an agreement that they must admit and accept that their dismissal is valid. Mr. Tabata strongly said that this is the last chance of negotiation to be accepted by TMPCWA and strongly said that they will never withdraw this proposal.

The proposal is very far from the ILO recommendation. Our members are very disappointed and dissatisfied to the offer and all are united to continue the struggle and not to continue the negotiations if the management pushes their position. All they want are reinstatement they did not violated any provision of the law in the land. We noticed that the management is not sincere in negotiating with us and only fooling the TMPCWA. We felt that they only used the negotiation to pacify us on our organizing and actions.

While they are negotiating with us, Toyota management implements their desperate grand design to destroy our union thru their sponsored union TMPCLO. They seek the immediate setting of Certification Election in connivance with the Department of Labor and Employment-DOLE.

Last February 6, 2006, TMPCWA staged a picket protest at the office of Department of Labor and Employment ( National Capital Region, DOLE) NCR, to protest the unjust memorandum of Mediator-Arbiter Simonette Calabocal and Hearing Officer Lourdes Ching. Both officers of DOLE, in the influence of Toyota management, immediately decided and finalized the date, rules, mechanics, and official list of voters for Certification Election last February 1, 2006 pre-election conference held at their office.

The CE was set on February 16, 2006. Despite the fact that we filed at their office a motion to extend the date of the PEC because of our appeal to the Court of Appeals, (Motion for Reconsideration with Petition for Temporary Restraining Order), waiting for the resolution of CA. The DOLE Med-Arbiter and Hearing officer unitedly put the 233 illegally dismissed member of TMPCWA as challenge voters while allowing the level 5-8 employee (Supervisory level according to Supreme Court Ruling) to vote as rank and file.

During our militant protest on February 6, 2006, DOLE-NCR Director Ricardo Martinez permitted our leaders to enter his office and hold a dialogue with him. During the dialogue, we demanded to the Director to revise the unjust and rail-road rulings of the Med-Arbiter and asked him to call another pre election conference hearing. He promised us that he will take the necessary action. Our protest action cause the delayed of posting of the list of voters in Toyota plant.

In the morning of February 8 2006, we came back to the office of DOLE-NCR to check if there were changes on Med-Arbiter Calabocal ruling and to meet again the Director. But during that time, no other officers wanted to assist us, according to their staff, other officers of the DOLE, doesn't like to be involve in the very controversial case of Toyota. It took us until the afternoon when we received the new memorandum of Med-Arbiter Calabocal thru her staff. She changed her first decision. She allowed our dismissed members to vote legitimately and she put the votes of all level 5 to 8 on challenge. We consider these changes as a success of our militant action.

One day later Med-Arbiter Calabocal suddenly change her Order to another amended Order that the Dismissed members of TMPCWA is allowed to vote but segregated again and it will counted after finishing the case pending in the Supreme Court. This is a very clear absurd action of the DOLE. TMPCWA knew that Toyota has something to do with it.

Inside Toyota plant, the officers of the management led union TMPCLO, Supervisory union president Angel Dimalanta, Toyota management agent, Francisco Mero and some managers and department heads continuously harassing our union members, psywar and forced those not member of TMPCWA workers to vote for TMPCLO. They are spending all time and resources of Toyota to campaign for TMPCLO. But our leaders and members inside are solid to their stand that only TMPCWA are the genuine union for all rank and file workers of Toyota that struggling for the interest of all workers.

We are now on mass campaign fighting against Toyota, TMPCLO, TMPCSU and their agents, head to head reaching out all workers and office staff employees to organize, influence them and vote for TMPCWA.

On February 10, 2006, we stage another picket protest at the office of DOLE-NCR and we demanded to stop the proceeding of certification election. In accordance with law, TMPCWA are existing and certified. But the Regional Director of the DOLE, OIC of the Med-Arbiters and the hearing officers Lourdes Ching are hiding to us an there were no employees dare to assist TMPCWA saying that they do not want to be involved in such controversial case of Toyota.

We are calling the attention of all our friends and support organizations, local and international, to support our untiring struggle against TOYOTA.

RAIN PROTEST LETTER TO THE DEPARTMENT OF LABOR AND EMPLOYMENT, TOYOTA PHILIPPINES AND TOYOTA MOTOR CORPORATION JAPAN, AND CONDEMN, OPPOSE AND EXPOSE ALL THE DIRTY TACTICS AGAINST TMPCWA.

WE ALSO NEED HELP TO ALL OF YOU TO SEND STATEMENT OF SUPPORT AND CALLING THE RANK AND FILE WORKERS TO VOTE FOR TMPCWA IN THE FEBRUARY 16, 2006 CERTIFICATION ELECTION.

LONG LIVE THE WORKING CLASS!

ED G. CUBELO
President - TMPCWA
February 13, 2006

button Click here to send letters of protest!



The following is the sample letters and addresses.
Pls do not forget to send the cc: copy for TMPCWA
Toyota Motor Philippines Corporation Workers Association (TMPCWA)
Emails: tmpcwa@edsamail.com.ph / tmpcwa1998@yahoo.com

(1) SAMPLE LETTER to the Department of Labor and Employment;

Secretary Patricia Sto. Tomas
The Department of Labor and Employment
Republic of the Philippines

Dear Madam Secretary,

We strongly protest to you against your determination to force the conduct of a new certification election for another union of rank and file employees at the Philippine Toyota.

Your determination means to set the Philippine Toyota free from whatever responsibility for its 6 years long refusal of collective bargaining. Your determination means to totally nullify the decision of the Supreme Court of the Philippines and the recommendation issued by ILO that have admitted the right of collective bargaining in favor of the Toyota Motor Philippines Corporation Workers Association (TMPCWA) as the sole and exclusive bargaining agent. Your determination violates the rules of DOLE to the effect that no new certification election shall be allowed where the labor and the management are in a dispute. The new election is so illegal that it is now going to be conducted based on a list of employees that includes supervisory employees as the voters.

We, therefore, strongly request you to withdraw your determination for the new certification election at once, and also request that the Philippine Government requires the Philippine Toyota to have a collective bargaining negotiation with TMPCWA immediately.

[Date]
[Name / Organization]


cc: Toyota Motor Philippines Corporation Workers Association (TMPCWA):
Emails: tmpcwa@edsamail.com.ph / tmpcwa1998@yahoo.com


Send this letter to the following Email addresses

1. Patricia Sto. Tomas
Secretary of Department of Labor and Employment
E-mail osec@dole.gov.ph
Fax:632-527-3494

2. Ricardo Martinez Sr.
Regional Director
E-mail: Dolencr planning@yahoo.com
Telephone: 632-400-6242
Fax:632-400-6242

(2) SAMPLE LETTER to Toyota Motor Philippines Corporation

Mr. Hiroshi Ito
President
Toyota Motor Philippines Corporation

Dear Mr. President,

We strongly protest to you against your determination to force the conduct of a new certification election for another union of rank and file employees at the Philippine Toyota. We also strongly protest to you against the refusal of collective bargaining that has been done by the Philippine Toyota for almost 6 years until today.

The new certification election you are now forcing to conduct while continuing to refuse the collective bargaining as long as 6 years is utterly unacceptable to all workers throughout the world. All responsibilities for any and all disputes that have resulted from the refusal of collective bargaining by the Philippine Toyota are to be borne by the Philippine Toyota. Also, it is the Philippine Toyota who is to be held liable for the dismissal of 233 union member employees and the criminal charge against 26 union officers.

We, therefore, strongly require that the Philippine Toyota immediately comply with the decision of the Supreme Court of the Philippines and accordingly sit at a negotiation table with the Toyota Motor Philippines Corporation Workers Association (TMPCWA) for collective bargaining without any delay. We also require that the Philippine Toyota respect for the spirit of the recommendation of ILO and accordingly withdraw the dismissal of 233 TMPCWA member employees and withdraw the criminal charge against 26 TMPCWA officers.

[Date]
[Name / Organization]


cc: Toyota Motor Philippines Corporation Workers Association (TMPCWA):
Emails: tmpcwa@edsamail.com.ph / tmpcwa1998@yahoo.com


Send this letter to the following Email addresses

1. Toyota Motor Philippines Corporation
Email: david.go@toyota.com.p
Fax:632-843-1421

(3) SAMPLE LETTER to Toyota Motor Corporation

Mr. Watanabe Katsuaki
President
Toyota Motor Corporation

Dear Mr. President,

Toyota Motor Philippines Corporation belongs to, and is one of the overseas subsidiaries of, Toyota Motor Corporation, a multinational enterprise. We believe Toyota Motor Corporation is fully responsible for all unfair labor practices committed by Toyota Motor Philippines Corporation, such as refusal of collective bargaining.

It is clear that Toyota Motor Corporation instructed, approved or ratified such unfair labor practices committed by Toyota Motor Philippines Corporation, and is also deeply involved at present in enforcing the illegal certification election in Toyota Motor Philippines Corporation. Toyota Motor Corporation can never be exempted from its responsibility for all whatever have been done at Toyota Motor Philippines Corporation as such.

Such acts are against the labor standards provided by ILO. They are also violating the Philippine law and its spirit, including the decision rendered by the Supreme Court. Toyota Motor Corporation, a multinational company, openly says to the public that it respects each country's law and its spirit, which, however, is a flat lie.

Workers and citizens all over the world will never tolerate any such Toyota's unfair labor practice. The world's workers and citizens are, and will continue to be, impeaching Toyota Motor Corporation therefore so long as it holds such attitude. We strongly require that Toyota Motor Corporation instruct Toyota Motor Philippines Corporation to sit at the bargaining table with Toyota Motor Philippines Corporation Workers Association without any delay, and withdraw its dismissal of 233 employees.

[Date]
[Name / Organization]


cc: Toyota Motor Philippines Corporation Workers Association (TMPCWA)
Emails: tmpcwa@edsamail.com.ph / tmpcwa1998@yahoo.com


Send this letter to the following Email addresses

1. Toyota Motor Corporation-Japan
Email:kazunobu_muromachi@mail.toyota.co.jp
Fax:81-565-23-1230

button Click here to send letters of protest!




Update on the present Situation


On July 11, 2005, the office of the legal counsel of TMPCWA received the decision from the DOLE- Department of Labor and Employment granting the petition for certification election filed by the Toyota management sponsored union (Toyota Motor Philippines Corporation Labor Organization). The news was also spreading very quickly inside the Toyota factory.

Before the decision of the Med-Arbiter was came out, there is an information from our key member inside that Dr. David Go, the Executive Vice President of Toyota Motor Philippines Corporation directing its LMC (Labor-Management Council) to gather the name list of all the members of TMPCWA on 8th of July 2005 and it also directing its LMC to prepare for the conduct of the election.

Behind the decision of the Department of Labor is part of a ready made design between the conspiracies and the connivance of TOYOTA-DOLE-LMC-TMPCLO to cover up the truth because the Toyota management was failed to destroy the genuine union of TMPCWA that advances genuine trade unionism in Toyota and continuously getting strong support from the rank and file workers.

Toyota management was seriously worried to the continuous support of the international solidarity of the workers that getting bigger and stronger. It was also afraid to the protest action of the international supporters of TMPCWA condemning the Philippine Toyota of not respecting the final ruling of the Supreme Court of the Philippines that lifted the Injunction to start the negotiations with the union TMPCWA.

Toyota management was afraid if the ILO-International Labor Organization will enforce its recommendation to reinstate some 167 of the 233 illegally dismissed members of TMPCWA, withdraw the fabricated criminal charges against the 18 officer and members of the union, to recognize the union and to start the negotiation with the union.

The Toyota management decided to speed up the decision at the same time during the event of the great political crisis happening in the county. It assumed that if the Philippine President will be oust to her post and the leadership under the new governance will weaken position of Toyota against the TMPCWA.

Although the TMPCWA will file an appeal, the union reading it that the Department of Labor and Employment will still push the conduct of Certification Election as mention earlier that it was a ready-made design of Toyota management.

If the Certification Election will be conducted and if the management sponsored union will win this election, all the victories and the hardships of TMPCWA for the past four years will become useless.

TMPCWA is studying every possible means to be victorious in this design of the capitalist Toyota.
Possibilities:

In the decision of the DOLE, there are three options to choose by the workers if the certification election will continue.

1.Toyota Motor Philippines Corporation Labor Organization (TMPCLO)
2.Toyota Motor Philippines Corporation Workers Association (TMPCWA)
3.No Union

We are looking the possibility to join in the certification election. We wanted to prove to all the workers that if the TMPCWA will again win the Certification Election, the possibility is the Capitalist could still not accept and recognize the TMPCWA because the company does not want genuine trade unionism in the factory. It will be easier for them to arouse, organize and to mobilize if this will happened.

Under this situation, while the conniving forces join together and become busy gathering more signatures to campaign to vote for their yellow union. The company will push the issuance of the warrant of arrest to all the members of the union because the bail that we post last year was already lapsed. This tactic of the management we are looking now is possible to divide our attention in consolidating the members of our union and other workers inside.

Immediate possible action:

Send letter of protest to Philippine Toyota condemning the decision of the Department of Labor and Employment and instruct to "hands off" the decision, instead to respect the decision of the highest court of the Philippines to start negotiation with the TMPCWA and respect the ILO recommendation.

Send a letter of Protest to the Labor Department condemning not to entertain or to hold the proceedings of the certification of election.

You can also send your statement or flyers for the Philippine Toyota workers under the name of your organization that you believed and support the long battle of genuine struggle of TMPCWA in advancing genuine interest of the workers. You can send it to us and we are the one to reproduce copies and distribute inside the factory. (We need some fund for it)

Distribute leaflets as many as we can at least 2 to 3 times a week to expose and oppose the dirty scheme of the capitalist and its connivance yellow leaders under its sponsored union starting next week.

That's why we appeal to all the friends and the supporters of TMPCWA to extend your support of all means to overcome this situation.

button Click here to send letters of protest!


August 2005

Dear Friends and Supporters of TMPCWA!

Warmest greetings!

There is an urgent need from TMPCWA. Attach here is the update on our struggle. Please send it to all your friends, network and allied organization and help the TMPCWA send protest letter as soon as possible to condemn Toyota Motor Philippines Corporation and the Department of Labor and Employment.

The protest letter was a part of the unfair labor practice and unfair certification election of the Toyota management.

Please send it to all of the following email addresses and kindly please send a copy furnish (Cc :) to the union. (tmpcwa@edsamail.com.ph) If you have questions or any comments please feel free to contact us.

This is all for now, thank you very much!

Long live the working class!

In solidarity!

ED CUBELO
President-Toyota Motor Philippines Corporation Workers Association (TMPCWA)
Email: tmpcwa@edsamail.com.ph


The following is the sample letters and the addresses.

(1) SAMPLE LETTER to Toyota Motor Philippines Corporation:

Mr. Nobuharu Tabata
President
Toyota Motor Philippines Corporation

Dear Mr. President,

We learned that the Supreme Court of the Philippines had recently issued its final decision regarding the injunction case issued by the Court of Appeals last July 21, 2001. According to the final decision, the Supreme Court of the Philippines set aside and nullified the resolution of the Court of Appeals, which enjoined the union to demand collective bargaining and negotiation.

We also have learned that the International Labor Organization issued a very good recommendation favoring the union of TMPCWA. However, despite such finality of the said decision of the Supreme Court and the recommendation of the ILO, the Toyota management refused and still refuses to start the negotiation with the union, instead it created a company dominated union under the name of Toyota Motor Philippines Corporation Labor Organization (TMPCLO) and successfully securing an order from the Department of Labor and Employment to conduct certification of election.

We condemn this anti-union dirty scheme of Toyota management and all of its sponsored union leaders under the yellow union TMPCLO-TMPCSU-LMC.

We strongly request TMPC not to allow the conduct of Certification Election and to set aside the decision of the DOLE, while following and respecting the law and the decision of the Supreme Court, and start the main and major issue of CBA-negotiation in good faith with the union TMPCWA as soon as possible, or else we will continue this protest action against Toyota and spread the news internationally.

Yours sincerely

[Name / organization]

Cc: Toyota Motor Philippines Corporation Workers Association

Send it to the following Email addresses:

1. Mr. Nobuharu Tabata
President - Toyota Motor Philippines Corporation
Email: Nobuharu.Tabata@toyota.com.ph

2. Dr. David Go
Executive Vice-President - TMPC
Email: david.go@toyota.com.ph
If the email address is not functioning to prevent the protest letters
rain by the international supporters of TMPCWA please send our letters via
fax, the fax number of Toyota is (63-049) 842-14-21.

(2) SAMPLE LETTER to the Department of Labor and Employment

Sec. Patricia Sto. Tomas
Secretary of the Department of Labor and Employment

Dear Madam Secretary:

The Toyota President in the Philippines, Mr. Nobuharu Tabata continues to refuse to negotiate with the TMPCWA despite the Supreme Court decision.

The Supreme Court of the Philippines Has removed the obstacle for CBA negotiations when it rendered its final decision declaring illegal the Injunction issued by the Court of Appeals against the decision of the Secretary of Labor and Employment recognizing the Toyota Motor Philippines Corporation Workers Association (TMPCWA) as the sole and exclusive bargaining agent.

Now, in order to counter the Supreme Court decision, they put up a company supported union the TMPCLO to put in doubt the status of TMPCWA. They succeeded in causing lower ranked labor officials to call for election.

The Toyota President must stop their union busting tactics at once.

The Secretary of Labor and Employment must not entertain this tactics and maintain its decision recognizing TMPCWA.


[Name / organization]

Cc: Toyota Motor Philippines Corporation Workers Association

Please send it to the following e-mail addresses: (we have to send it to all this email address because our appeal and the legal processes for the conduct of certification election will also be sending to all of these attached agencies of the Department of Labor and Employment) . If the email address is not functioning due to numbers of protest letters are coming please try to send it by fax (63-2) 527-5523.

1. Sec. Patricia Sto. Tomas
Secretary-Department of Labor and Employment
Email: osec@dole.gov.ph

2. Hans Cacdac
OIC-Director
Email: phbirnet@mnl.sequel.net

3. Benedicto Bitonio Jr.
Assistant Secretary-Region Operations
Email: asecroc@info.com.ph